A Batavia police officer did what he could to try and avoid shooting an aggressive dog early Saturday morning, Chief Shawn Heubusch said this afternoon.

The pit bull was shot and killed after becoming aggressive toward Officer Peter Flanagan.

Flanagan had responded at 1:37 a.m., Saturday, to a report of a barking dog at 370 W. Main St., Apt. 2, Batavia.

"He couldn't retreat any faster than it was gaining, so he had no other choice," Heubusch said. "He had to dispatch the dog."

The incident started with Flanagan arriving on scene to investigate the complaint and he found a pit bull leashed to the front porch.

"The dog was acting very aggressive towards him, not letting him go near the door, barking and snarling at him," Heubusch said. "He was finally able to get the owner of the dog to come out and she put the dog inside."

For the purpose of the report, Flanagan asked the owner for ID. She thought it was in her car. While she looked through her car, Flanagan allegedly observed a pipe containing marijuana in the car.

"It was in plain view," Heubusch said. "He was, 'OK, now I need your identification because we're going to address this issue.' "

When the woman tried to enter her house to look for her ID, the dog escaped, and off leash, was aggressive toward Flanagan.

Heubusch said the dog pursued Flanagan around the car. The officer tried using his flashlight to distract that dog, but that proved ineffective.

"A dog is not like a person," Heubusch said. "It's not just coming to get you. It's coming to do a job. We discussed the possible use of a Taser or pepper spray, but those have proven not to be effective. You can't guarantee your safety, basically. If you Taser a dog and it doesn't plant, it doesn't have an effect and you now have an angry, disoriented dog running free in the neighborhood."

Heubusch, who responded immediately to investigate the weapon discharge, characterized the response of the dog's owner, 29-year-old Ann Marie Capuano, as understanding.

"She was in fear the officer was going to get bit," Heubusch said. "She hadn't had this dog very long and wasn't familiar with the dog. She did indicate the dog has shown some aggressive behavior in the past."

Flanagan was not injured in the incident, Heubusch said.

This is the second incident reported in the city this summer involving an allegedly aggressive dog. A month ago, a Rottweiler on Otis Street, allegedly bit a child.

Asked if he had advice for owners of dogs that might become aggressive, Heubusch said, "If you have a dog that you know is aggressive, you need to get some help for that dog. There are plenty of places out there where you can get some training. The ultimate advice is, if you can't control the dog, you need to give the dog up."

Nominees are being sought for Le Royan of the Year.

Le Roy American Legion Post 576 is asking that each club, church, society, organization or individual submit a nominee to be considered as the 2014 Le Royan of the Year Award. Applications are available at the local banks and at the Legion Post.

Replies are due by Aug. 19th.

The award recognizes people who demonstrate the following qualities:

• A man or woman who exemplifies the true spirit of Americanism, its ideals, love of flag and country, regardless of race, color or creed;
• Good citizenship by carrying out these principles, often beyond what is expected;
• Service to the community signified by excellence in life of purpose and accomplishments.

Mail applications to American Legion Post 576

Attn:  Catherine Stone
53 West Main St.
Le Roy, NY 14482

A new band, a bigger beer tent and all the fun you've come to expect are on tap at the Town of Batavia Fire Hall, 8382 Lewiston Road, this Saturday.

It's time again for the annual Harley Raffle.

It's the 15th annual raffle.

Audibull will rock the expanded beer tent this year.

Festivities start at 6 p.m.

Admission is free.

Pictured, John Mullen, Mike Jones, Ben Fisher, Tim McJury and Stephen Kowalcyk.

Smoke is reported on the first floor of a residence at 3625 Telephone Road, Alexander.

Alexander fire is responding. Town of Batavia also dispatched.

A chief reports, "we've got smoke in the house. It smells like trash. I can't find anything." He asked another responder to check a neighbor's property.

A responder reports, "nobody's burning anything in the area."

A chief asks for the thermal camera.

UPDATE 9 a.m.: Alexander returning in service.

UPDATE 9:08 a.m.: At 9, two Alexander trucks went back in service. Now the assignment is back in service. The chief reports, "burnt hummingbird feeder."

Tyshon L. Taylor, 17, of Central Avenue, Batavia, is charged with criminal possession of a weapon with intent to use, menacing, 2nd, petit larceny and robbery, 3rd. Taylor was arrested following an investigation into an unrelated incident. Taylor allegedly possessed a large knife and threatened another person with physical harm. In an unrelated investigation, Taylor is accused of using force to steal a mobile phone and headphones from another person. Taylor was jailed on no bail.

Edward Ryan Loper, 26, of State Street, is charged with strangulation, 2nd, and robbery, 3rd. Loper was arrested on a warrant for an alleged incident May 23 at a location on West Main Road, Batavia. At the time of his arrest, Loper was allegedly found in possession of a needle and a controlled substance. He was charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Loper was jailed on $5,000 bail.

Terrence Devon West, 36, of Lorimer Street, Rochester, is charged with felony DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. West was stopped at 1:40 a.m. Thursday on Townline Road, Bergen, by Deputy Joseph Corona. West allegedly has three prior DWI convictions in the previous 10 years.

Veronica Eckerson, 57, of Akron, is charged with petit larceny. Eckerson is accused of stealing $400 from the safe of her employer, a business in Alabama, after quitting her job.

Richard Fredrick Boswell, 33, of Sumner Road, Darien, is charged with petit larceny. Boswell is accused of stealing merchandise from Walmart valued at $874.84.

Peter Charles Himan, 29, of Berkley Street, Williamsville, is charged with driving while ability impaired and possession/consumption of alcohol in a motor vehicle. Himan was located in a stopped vehicle on Route 63, Oakfield, at 12:34 a.m. Sunday by Deputy Patrick Reeves.

Justin Thomas Hemmer, 34, of South Main Street, Elba, is charged with criminal contempt, 1st. Hemmer is accused of violating a court order protecting another person by shoving that person during an argument.

Andrew Loren Mark Falker, 20, of Indian Falls Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and improper turn (no signal). Falker was stopped at 2:53 a.m. Saturday on Main Road, Pembroke, by Deputy Jason Saile.

Ann Marie Capuano, 29, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Capuano was charged after Officer Peter Flanagan allegedly observed a glass pipe with partially smoked marijuana in her car.

Grant W. Whitney, 34, of Route 20A, Perry, is charged with unregistered motor vehicle. Whitney was arrested on a warrant out of City Court. He posted bail and was released.

Stephen J. Holdaway, 62, of Corfu, is charged with felony DWI and felony driving with a BAC of .08 or greater. Holdaway was stopped by State Police at 1:01 p.m. May 19 in the Town of Batavia.

New York Times, Charles Schumer: End Partisan Primaries, Save America

A two-car accident with minor injuries is reported at 6049 Ellicott Street Road. Stafford fire and Mercy medics are responding. Two vehicles are said to have collided into a utility pole. A responder on scene says two young men are injured, one complaining of pain, the other of facial cuts. The road is open but eastbound traffic will be slowed down.

UPDATE 8:38 p.m.: Two flatbed tows are called to the scene.

UPDATE 8:45 p.m.: The location is between Transit and East roads in East Bethany. Bethany fire is also at the scene.

UPDATE 8:51 p.m.: Traffic is being handled in alternate-lane order.

UPDATE: Photos submitted by Doug Yeomans.

Press release:

The Batavia Police Department is asking for assistance from the public with the reported robbery of a pedestrian that occurred on Saturday, July 19, at about 11 p.m. at or near the corner of Tracy and Washington avenues. No weapon was displayed.

Anyone with information can contact Det. Eric Hill at (585) 345-6373 or use the confidential tip line at (585) 345-6370. Citizens can also send information using the City’s Web site. 

The Genesee ARC today held its 38th annual golf tournament at Stafford Country Club, which also included tournaments in bocce ball and tennis.

Above, Steve Pies watches a put just barely slide by the cup during his tournament round.

Ken Barrett hitting a tee shot.

Ray Shirtz playing tennis.

Krysia Mager, Lisa Dechau, Bob Bennett and Marth Bailey, the champion bocce ball team.

Representatives from Alpina yogurt at the bocce ball tournament. Alpina was a silver-tier sponsor this year.

Work has finally begun on the new McDonald's location in Eastown Plaza, Batavia.

First order of business, removing the paving on the parking lot of the site pad.

Crews were on South Jackson Street all day today laying down new asphalt over the recently milled road bedding.

It's one of a handful of streets in the city getting repaved this week.

The lighted path leading to the door of the YWCA was intended to be a symbol of hope for the victims of domestic violence and a remembrance for a former Batavia woman who died recently.

The lights were installed just a week ago.

This weekend, they were all destroyed.

"I personally think it was a malicious, intentional act," said Jeanne Walton, the YWCA executive director. "I think somebody did it to be mean and nasty and to make a statement."

Ever single Malibu light was broken. None remain usable.

"It was a symbolic remembrance of recent murder victim Nicole Sheehan, who had been killed during a domestic dispute," Walton said. "We put in the Walkway of Hope up in her honor."

If anybody has information that may assist in the criminal investigation, Walton asked that they call Batavia PD at (585) 345-6350.

An officer is responding to Walmart after a complaint of a dog locked inside a vehicle. It's a four-door gray Chevy Impala parked in the last aisle of the food entrance near a fire hydrant.

UPDATE 2:15 p.m.: The officer is on location with the vehicle and the complainant.

UPDATE 2:31 p.m.: The dog is reportedly showing signs of distress. A Walmart employee is paging the registered owner of the vehicle.

UPDATE 2:40 p.m.: Apparently the owner responded. The officer is back in service.

A 16-year-old male lost consciousness for a little over a minute after an ATV accident on the track at Area 51. The boy's helmet came off, but no mention of whether this occured before or after impact. He is coming to consciousness. Mercy Flight is being dispatched to the scene. East Pembroke Fire Department and Mercy medics are also responding.

UPDATE 1:52 p.m.: Mercy Flight is airborne and headed to ECMC.

UPDATE 1:54 p.m.: Responders are back in service.

Doug Gaus assistant leader for Troop 6006 introduced the Eagle Ceremony honoring Nicholas Johnson along with his parents today at the First United Methodist Church. Little did Doug know he would be receiving the Mentor Pin, earned for his help and encourgment to Nick along his trail to Eagle. This marks the troops second Eagle for 2014 and in less than 30 days from when Dennis Alton received his award.  Many prayers were made from Rev. Pamela S. Klotzbach, who led the worship mass along with friends and family who gave their best wishes to Nick before the ceremony started. (Pictured below, Nicholas Johnson)

After Nick recited the Scout Oath, he recognized his dad Tim, pictured below, and fellow scout Tyler, who was there for him as a good friend on his journey through scouting.

He spoke highly of both of them being important roles that kept him motivated and willing to succeed.

A reception followed the ceremony where more than 30 people attended to celebrate the occasion. Many scouts and leaders from the Troop attended also. Pictured below is Scoutmaster Ron Bernard, Assistant Leader Doug Gaus (who received the Mentor Pin), Nicholas, mom Lisa and dad Tim Johnson.

Press release:

The Batavia City Council is seeking City residents who are interested in volunteering as a member of the following Committee/Board:

- Cable TV Advisory Board 

Residents interested in applying can obtain an application from the City Clerk’s Office or can visit our Web site at www.batavianewyork.com and download a Committee/Board Volunteer Application under Documents.  

Applications are due to the City Clerk’s Office by Friday, Aug. 8.

Chapter 193 of the Vietnam Veterans of America sponsored the 25th annual Duck Derby in Le Roy today, with an assist from the Le Roy Volunteer Fire Department.

Luke Gottsi won. Rich Noble, second, and Jerry Castantino, third.

While at Darien Lake for the Gus Macker Tournament, I found out three members of the Harlem Globe Trotters were inside the park putting on a show. I got just the tail end.

Herschend Family Entertainment, owners of Darien Lake Theme Park, also own the Harlem Globetrotters.

For years, the Gus Macker Tournament has been played in Buffalo. This year, for the first time, it was played at Darien Lake Theme Park. The tournament was spread over Saturday and Sunday (some Saturday games were delayed to Sunday because of rain). I showed up in time for a portion of two games and the final championship game of the day (among various divisions). The team in the light gray tops won 20-6.

To purchase prints, click here.